Terms of Use

Arcion Therapeutics, Inc.
Terms Of Use

PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

1. Effective Date.

This Agreement was last updated on July __, 2008.

2. Acceptance of Terms.

The www.arciontherapeutics.com website (the "Site") is provided by Arcion Therapeutics, Inc. ("Arcion Therapeutics"). By using our Site, you agree to be bound by these Terms of Use (the “Agreement”). We encourage you to periodically review these Terms of Use. If you do not agree to these Terms of Use, do not use this Site.

3. Changes in Terms of Use.

This Agreement outlines the legally binding terms for your use of the Site. We reserve the right to modify this Agreement from time to time, for any reason, without notice and such modifications will be made available on our Site. Use of our Site constitutes (1) acknowledgement by you of our modifications, and (2) an agreement by you to abide and be bound by this Agreement and its modifications. You may identify whether we have revised this Agreement by the Effective Date listed in Section 1 above.

4. Medical Information/Conditions.

PLEASE CONSULT WITH YOUR DOCTOR OR OTHER QUALIFIED HEALTHCARE PROFESSIONAL BEFORE USING ANY PRODUCT DISCUSSED WITHIN THE SITE, OR ANY OTHER WEBSITE.

The content and other information provided on the Site (including text, graphics, images, information provided on Arcion Therapeutics products, and other material contained on the Sites) is general in nature, and is provided for informational purposes only. The Site is not intended to provide medical advice, diagnosis, or treatment, nor is any information here a substitute for professional healthcare. Do not use the information found on the Site as a substitute for professional evaluation and treatment. While there may be information on the Site relating to certain medical conditions and their treatment, if you suspect that you may have a medical condition, promptly consult your doctor or other healthcare provider for information about your diagnosis, treatment, or condition. We do not offer personalized medical, diagnostic, or patient-specific diagnosis or treatment advice. Only your doctor or other healthcare provider can determine if a product described on the Site, or any other website, is appropriate for you. Any information you find on the Site or on websites to which the Site links should be verified with your professional healthcare provider. If you think you may have a medical emergency or any condition requiring immediate attention, call your doctor or dial 911 immediately. Reliance on any information provided on the Site is solely at your own risk.

Your access or use of the Site does not create in any way, a physician-patient relationship, any sort of confidential relationship, or any other relationship that would give rise to any duties on the part of Arcion Therapeutics, its agents, or employees.

5. User Conduct and Responsibilities.

Your use of the Site is subject to all applicable local, state, national and international laws and regulations.

6. Site Content.

All content on the Site, including but not limited to data, results, designs, text, graphics, pictures, video, information, software, music, sound and other files, and their selection and arrangement (the "Site Content"), are the proprietary property of Arcion Therapeutics or its licensors with all rights reserved. You are granted a limited license to access and use the Site and to download or print a copy of any portion of the Site Content solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. Except as permitted in the previous sentence, no Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Arcion Therapeutics's prior written permission. Nothing in this Agreement shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.

7. Links to Other Websites and Content.

The Site contains (or you may be sent through the Site) links to other web sites ("Third Party Sites") which may contain articles, photographs, text, graphics, pictures, designs, music, sound, video, information, software and other content belonging to or originating from third parties (the "Third Party Content"). Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by Arcion Therapeutics, and Arcion Therapeutics is not responsible for any Third Party Sites accessed through the Site or any Third Party Content linked or posted through the Site, including without limitation the content, accuracy, offensiveness, opinions, reliability, legality, or policies of or contained in the Third Party Sites or the Third Party Content. Inclusion of or linking to any Third Party Site or any Third Party Content does not imply approval or endorsement thereof by Arcion Therapeutics. If you decide to leave the Site and access the Third Party Sites, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.

8. Submissions.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site ("Submissions"), provided by you to Arcion Therapeutics are non-confidential and shall become the sole property of Arcion Therapeutics. Arcion Therapeutics shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

9. Copyrights and Trademarks.

All contents on the Site are: Copyright ©; 2008 Arcion Therapeutics, Inc. or its partners. All rights reserved. Arcion Therapeutics and the Arcion Therapeutics logo are trademarks of Arcion Therapeutics, Inc.. All other trademarks are property of their respective companies. All trademarks and registered trademarks are protected by US and international trademark laws.

10. Notice.

All notices to a party shall be in writing and shall be made either via e-mail or conventional mail. Arcion Therapeutics may broadcast notices or messages through its website to inform you of changes to this Agreement, the Site, or other matters of importance. Such broadcasts shall constitute notice to you.

11. Disclaimers.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

THE SITE, AND ALL CONTENT INCLUDED IN THE SITE ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER.
EXCEPT AS EXPRESSLY SET FORTH ON OUR SITE, ARCION THERAPEUTICS AND ITS LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
ARCION THERAPEUTICS AND ITS LICENSORS MAKE NO WARRANTY OR REPRESENTATION REGARDING (i) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR PRODUCTS OFFERED THROUGH THE SITE, (ii) THE CURRENCY, ACCURACY, QUALITY, CONTENT, COMPLETENESS, LEGALITY, OPERABILITY, AVAILABILITY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE, OR (iii) THAT THE SITE WILL MEET ANY OF YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE.
USE OF THE SITE IS AT YOUR SOLE RISK. ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ARCION THERAPEUTICS OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

12. Limitation Of Liability.

UNDER NO CIRCUMSTANCES SHALL ARCION THERAPEUTICS OR ITS LICENSORS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF ARCION THERAPEUTICS OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY, WITHOUT LIMITATION, WHETHER THE DAMAGES ARISE FROM ANY PRODUCT OR SERVICE OFFERED THROUGH THE SITE, USE OR MISUSE OF AND RELIANCE ON THE SITE, FROM INABILITY TO USE THE SITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SITE OR ANY INFORMATION THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE SITE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

13. Exclusions And Limitations.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to you.

14. Indemnity.

You agree to indemnify and hold Arcion Therapeutics, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with your use of the Site or any violation of this Agreement or of any law or the rights of any third party.

15. Miscellaneous.

These Terms of Use constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The failure of Arcion Therapeutics to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Arcion Therapeutics. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect. You and Arcion Therapeutics agree that any cause of action arising out of or related to this service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. Some jurisdictions may prohibit the shortening of the time period in which a cause of action must be brought. In all such jurisdictions, the applicable time period shall be the minimum allowed by law. This Agreement shall be governed by and construed in accordance with the laws of the State of Maryland, excluding its conflict of law provisions. You and Arcion Therapeutics agree to submit to the exclusive jurisdiction of the courts of the State of Maryland.